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S.D.N.Y.Procedural orderFiled Apr. 24, 2023

Baker v. Peters

Judge
Laura Swain
Docket
1:23-cv-01069
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Baker v. Peters, Judge Swain granted Baker more time to amend her complaint, setting a June 23, 2023 deadline.

Who this affects

Melody Joy Baker, whose deadline to file an amended complaint was extended to June 23, 2023; the order also denied fee-free status for an appeal from this order.

What happened

In Baker v. Peters, Melody Joy Baker alleged that she was discriminated against because of her sex and subjected to “elder abuse.” The court had previously directed her to amend her complaint to correct deficiencies.

Baker asked for more time, explaining that she had difficulty finding stable housing, needed surgery for health issues, and had limited computer access. She also said she had contacted the NYLAG Clinic for Pro Se Litigants to seek free legal assistance.

Judge Laura Taylor Swain found good cause and granted Baker’s request for an extension. The court ordered her to file an amended complaint by June 23, 2023, and denied fee-free status for any appeal from this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Baker v. Peters · No. 1:23-cv-01069
Judge
Laura Swain
Date
Apr. 24, 2023

Background

Melody Joy Baker filed a complaint alleging discrimination because of her sex and “elder abuse.” The court had directed her to file an amended complaint to correct deficiencies in the original pleading.

Request for More Time

Shortly before the amendment deadline, Baker asked for an extension until June 23, 2023. She stated that she had experienced difficulty finding stable housing, had health problems requiring surgery, and had limited access to a computer. She also stated that she had contacted the NYLAG Clinic for Pro Se Litigants to seek free legal assistance.

Ruling

The court found good cause for extending the deadline and granted Baker’s request. It directed her to file an amended complaint no later than June 23, 2023.

The court also certified that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order addressed the filing deadline; it did not decide the merits of Baker’s discrimination or elder-abuse allegations.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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